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Resolution No. 92-07A n CITY OF TIGARD, OREGON RESOLUTION NO. 92-o,-7 A RESOLUTION OF THE CITY COUNCIL CITY OF TIGARD, OREGON, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING EASEMENTS WITHIN A VACATED PORTION OF SW LOCUST STREET. WHEREAS, in 1972, the board of CGuraty Commissioners for Washington County, Oregon, by resolution and order number 72-25, recorded at book 901 page 820, vacated a portion of S.W. Locust Street while retaining an easement for a sanitary sewer; and WHEREAS, in 1984, a similar easement -.,as granted to the Unified Sewerage Agency of Washington County containing an mistake in the legal descrip- tion; and WHEREAS, the Tigard City Council finds that an easement offered by the current owners to replace these easements better meets the needs of the City. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. The City of Tigard hereby extinguishes its interest in the easement described in the property descriptions and maps attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2: Further, the Tigard City Council hereby authorizes the City Administrator to sign a Statutory Quitclaim Deed extinguishing the easement. A copy of the deed is attached hereto as Exhibit"B" and incorporated herein by this reference. F-h PASSED: This �day o 1992. Co� �T Zja rdd �/$7ayor - Ci - t of Tiga ATTEST: City Recorder - City of Ti rd aj:cenocusc.res RESOLUTION NO. 92- l9� Page 1 4981 1 IN THS BOARD OF COUWrY COMMISSIONERS 2 FOR WASHINCit7N COLTMrv-, ORMON '- 3 In the Matter of the vacation ) �.�. Pursuant to ORS 368.565(2) of ) RESOLUTZOIALM ORDER 4 a Portion of S.Y. Locust Street, ) "` - a County Road, Located in ) NO, ,7'2-�$� , 5 Section 35, TIS, R1W, W.M., Washington County, Oregon. ) �t 6 Vacation No. 126 This matter having come on regularly before the Board at< 9 its meeting of November 14, 19721 and 8 It appearing to the Board that, pursuant to ORS 368.565(2), 9 this Board may for satisfactory reasons, adopt a resolution to 19 be entered in its journals declaring that proceedings to vacate lY a county road may be undertaken at once, and that this Beard 12 acted in accordance therewith on September 12, 1972, when it 13 resolved and ordered that prcoeedingesvanww tovacate said portion 14 of County Road No. 15411 and 15 It appearing to the Board that by Resolution and Order 16 17 No. 72-206, this Board declared ita intent to corvence proceedings to vacate a portion of County Road No. 1541, con=only known'as lE S.W. Locust Street and mora particularly described as follows, 19 All that portion of S.W. Locust Street. County Road 20 No. 1541. So feet wide, as shown on the map of Oakberg, a duly recorded plat:, lying between Greenburg 21 Road and the northerly prolongation of the west line of Lot 25 of Oakberg, a duly recorded plat in 22 Washington county, being situated in Section 25, T1S, R1W, W.H., Washington County, Oregon. 23 z and a i2'i u it appearing to the Board that said Resolution and Order 25• No. 72-206 did in fact show the legal description of the land a ao 26 adjacent to the road,or part thereof, the names of the owners of s c 29 28 such land, the termini of the road or parts thereof to be vacated, and that the road was to be vacated and that the road was useless 29 a as a part of the general road system, burdensome to maintain and 30 a that the public would be benefited by its vacations and 31 u it appearing to the Board that notice of pendency of said Flow 901 =820 _ LL 1s M— SEEM am 1 c ' mid 4981 1 petition wAs aiv9n by written not}.cs being pouted more than 2 30 days prior to the date of the hearing whi_h ..o,....ec vara a posted in three of the most public and conspicuous,places 4 within the said roadway, as shown by the Affidavit on file 5 herein! and 6 it appearing to the Board that said notices contained a 7 description of the portion of the said roadway to be vacated, a and gave the date of Tuesday, the 14t*: day of November, 1972, 9 at 7:30 o'clock p.m. as the time and Room 402 of the Waahington 10 County Administration Building, Hillsboro, Oregon, as the place 11 for public hearing on the matter and for receiving of remon- 12 strances thereto; and 13 it appearing to the Board that the aforementioned meeting 14 was held on the 14th day of November, 1972, at 7:30 o'clock p.m.; 35 and it appearing that no objections or remonstrances have been 16 made to the granting of the said vacation; and 17 It appearing to the Board that it is in the best interest 18 of the public to reserve a seven and one-half foot easement 19 on each side of the centerline of said county road for sewer 20 installation, maintenance and repair purposes; and 21 it appearing to the Board that said portion of County 22 Road No. 1541, as horainabove described, is useleas as a part y. 23 of the general road system and burdensome to maintain and the M M 24 public will be benefited by such vacation, subject to the V o a 25 reservation of the eassments hereinabove described, and the z 26 Board being fully advised in the promises hercinr it is, therefore a o 27 RESOLVED Atm ORDERED that subject to the retention of a 28 Bevan and one-half foot easement lying on each aide of the a 29 centarline of said county road for sewer installation, maintenance y' 30 and repair purposes, the following described portions of �- 31 Cc-onty Road No. 1541 be, and hereby are, vacated: 32 All that Rortion of S.H. Locust Street, County Road SON %J - 498i No... 1541, SO feet aides. a. _ham m r Oe a duly recorded ti n zhc sap of &--• Y plat, lying f then Groonburg Road and the northerly prolongation of the asst llna 3 of Lot 25 of Oakberg, a duly recorded plat in Washington County, being situated in Section 35. TIS, 4 RIM. W.H., Washington County, Oregon. 5 and it is further 6 RESOLVED AND ORDERED that a copy of this Resolution and 9 Order be filed in the deed records of Washington County, and s it is further 9 RESOLVED AND ORDERED that any utility easements presently _ 20 i,� existence in the county road vacated herein. be retained, 11 and it is further 12 RESOLVED AND ORDERED that the County Surveyor for Washington County, Oregon, be, and he hereby is, authorized and directed to . 13 14 mark the hareirabove described portions as vacated upon the plats, f..- records and maps of Washington i5 county, Oregon, and it is further is t (' 16 RESOLVED AND ORDERED that the Director of Records and Elections IF 17 of Washington County, Or,on, is hereby authorized and directed 18 to have this order of vacation recorded on the records of 19 Washington County, Oregon. _ 20 DATED this 14th day of November, 1972. 21 MRSIHI;'r OF VNTY COMISS%ONERS NREGON 22 3 Votes nye 23 24 F�rdang SeeertaY-y ,r a, a 25 $ 2S z� �S7.artz or oRgcor+ . e jl R.p.e• .o-,.san 7tI)q—d A--& 3 28 d ­AE.4X-R--O-0 r— Si t- �... R xwt t+= owc - 32 r _.Vats. 3 f�19 r JS 39 °l2 0 searW a s--�r�-•sum,�m mr rJ��jam ascaasn sw�� �g,� i.dainas bag;'0I ';aeIm ` 'ts' 'w i i•"�4��+f�P`�� 1 e4 � 5"7"'r"���p`ilr- '. - Poo. T "area, Legal Oeaer p on Linear Feet r SEWER EASEMENT •n Home of GRPN',:•F{s)i FRINGE LAND 6RE. LTO. 84000 1 6 9 ' Address: 95W. Hashin Lon Suare Rod P. x 23635 P n 0 9 An Oregon ltd na.^tnewship, GRANTOR, own r of the property described herein, does hereby grant, convey and warrant unto th Unified Sewerage Agency of Washington County, GRANTEE, the right to lay down, construe and perpetually maintain a sower through, under and along the property described o Exhibit "A" attached hereto and by thio reference incorporated herein, This gra It of easement shall run with the land and shA11 be hindino upon and shall inure to the benefit of the parties hereto, their heirs, successors, and assigns. f daxep4nxshrxrmMalLslnasxnitas'As# pRRaAasxseaxhedxkxkibx3xRf3Rxaxdxpyxtkiaxk tpkexa@xsaeaxpesssaaixisaka8li. Any temporary easement granted hers III is automatically extinguished upon acceptance of the completed rawer In the adjaeaoe permanent easement. Ha structure shall be erected upon said eaSament site ut the written consent of the GRAHTEE. The consideration for this grant is �- ' yyyyltiChur/,yj APPROY 1H WITNESS WHEREOF. the�it SaPjidod_,,. above has hereunto set sd•'.; seal this r CC+�YY�Nt L iAli$eti R, n iod Sew6fago —22tb-"Y of Ort4herEt. }gam_' �AgenCy of !ashington County, Oregon , i s'• e'- FRINM LANG Com. �TO:�,t• - . 8y W{nmar Peciiic, ine., ''e ®i•F=r APPROVED ....... Cf E sr By hL 4, n -h ey_ warags � o T Agency of Washington Covnty, Oragoa EB .Seers of NOTARIZE DOCUMENT BELOW . STATE OF WASHINGTON s. County of KING ) On this ?7th day ofR 19.gL , before aa, personally appeared LArJ n o ®¢ o t>g ce.Pre sIdent,•and `�,' '� �t• 3 wF4n kk)owl to sw to ba A•satcSecretary, of the corporation escfiti a , dna a ar nawn o�,toy b8 the Par$dn/psaple whO executed; it on behalf ?'.t si of said corporation, and she/he or they �cknowled"Ojt,0 me that,such corporation ment pursuant to its by-laws executed this instruor a rasclution'of its bO�fld"Vt directors. .- -.... ...__.... .. _.:.. 4i®, ..��%:;•. 1N TESTIMONY WHEREOF, i have hereu >e sty hand and affixed mYf,;t �gJ�ealj`o this day :.nd year first in this, qy cetrifl^_ete. written c, �yi)) _ __ ..._.. .1• l ' .. Lotto. UuTrc, or ea o g an bVr. KY cGaaaitsion expire A ri1"2O• 13�b '4N: ' ��PAaa�a i S�� Saar ami 2� a•caa _—_amara- -- -- �aa�ei _.—am•Ta�B uag.� ---- ! N\TILSEY&HA N I� S21SAV-Fill-1h Acrnar/I•,:nl.n,l,(in-,,, •2u$ ($'J31227.W55 � I Septembor 26, 3983 ! EXHIBIT "A" LLL 1 Description forSanitary Saw Sq.—rm a` Easemont SquToo (Va ah,ng to 9quer shopping Center) Filar 4-1660-0201-E1/4-572-0101 �Tr A 1$.00 (fifteen) foot videgqlniiary aevor lnatnt ].toted in th. northwest 1/4 of Section 35 "n 1p 1 South, RaCnngo 1 Vest. 141 lomat[• Neri n, La akin$tan Covn ry, Oregen •nd La ins ]neat rd 7.SO feat on tscdiah aide of the !f ol2 owl ni dr•etibed cent•rlf ne of ea•emanc; 6epinn.. at a po the ecntar .+f $.V. l.oe no treat (.seated) .. which baRr• north .0-16' 12. 1¢mat 25.00 feat fton the rthvaet rnz: of lot " of the ret ardad plat of 0•kbur8, th en<emf rme Che pe SOC o[ Dab innini nmith D��" 41' 48" vont 535.00 foe[ Ca the point Of term3nati0na• Be- ettoch.d eerked copy of record of survey of o portion of the :; N.W. 1/4 aaetlam 34, T.I.$., .I,V,a N.N. marked to shot ]oeattem j 'C• oY th• above de Pc rid aaa amenit. LTATS Or ORRQO ! L . s I ca.-,;-d:°•�.=nom•: S ae .! ,� � ,.Dan.aw tYw.;n ui::SaoiAawten.a.e y1_ .�.. ....._ .._. .. •na T•.uaa•ne sa•amb n•eao«a cw,. 7 naso• ' _ as recpdme M��• �Ytl cnuny. f ®� 198L,iAH-4 pB10133 �,4. . nonrci•nn•.....-:e,_::,c^r•t=•rLrm.n�..,. .•n„bu.-Hnc3,rim:::,Hv,d,•d..:.�_:.,.,.n,.mal.n.,•.•.•n .�.t.n.nN,., ...� �•'} fl(Lu.4namd;,�:rnni.nd.m,r„n•r,..., C:q.,I:LG!• gm filiL:e.:H•'1 i.vm..glahintv,n•Rellr,ur`\6.hin...... lea ' �,�-. •sci- °.J a sti x k n t�r, t74; TOTrrL- P.04 _ OF A PORTION OF THE NW 1/4 SECTION 35, T.i S., R.I N'., W.M.- WASHINGTON '.M.WASHINGTON COUNTY'% OREGON DECEMBER 1874 Ld,08 ACRES SCALE,I'•100' W ILET & HAM C� POR LAND.OREOCM 6�i'eY�4P•I.S)L I • ��� - S@9'd-1'16�a Iai;.aB C? �•'isd y� ®y7.i�• � � 4y9.s��l"s ' `•IP.f't4•.-1 rlvw�w.fa'AiPVP Ps. 1'Iss1.>Vire.....:' a ROV.io,INITIA e� e.a•r •r I (p a;•N.,o.OE'o.) - ' 'w�eca Vae•.PIP• •e a.4,4ee.ae6 i • ol[•J veSTaera.. � � 7 i LEGEND •'•-• • ReuN•PptN7 Ase 4NOL-1�.1 a W �.�� �"'.•" • A®� •/�A 9P• IamoeJ aeon• N � .,< :0.S... � �d .,';•i-:.' t BASIS OF BEARINGS p 'y ... TNa a .-TN L.— )] rtl-W.MUtr } ta•A76 P �rRll 6 19Yo—seat/ yM1P'�AY ID, w ,(LIu¢TN6 If.� 1170. WA5 N50r 4ti Te.i ti osyey' eu 0 �yu.IrrAeY 6eW£•� ;, RssrsalNa.y AO•.T.tey yuaY®}y. r rsfi r: aw LOCUST ST. -Wc otag sas• F REFERENCE SURVEY, s`• A� :y o)'•�.� ° '- a.VPwYu . 4y4 et_�Y 1t;'IP) K 6d' ;rs14T�o1®aI , SURVEYOR'S CERTIFICATE, }yyet/��oQ\� �d�ppllg�jtttty1/���epea DDyy�� � Y.4.r—..y TAYIA SL,P. M.-hT•Rtb K /eTC e_As.ap 4V6ve7eq�u•reeaY G¢ TIrY - '- . THAT TialS n1.a«a¢ta cT 6t/ ricc�•NT5 � I ,;,;_ys,,,,.'..,:..,.:. �•x�.s-�--. ' • + � A SV CY 6Y ha,De, mY M6 Oo,', yDa4 MY '-� --� ''� �•� fl �•}-. %'.� vlse fA GTIOJ.®T TNF eCala Vaf T OF O I'.. , .... b- ,��, _. _..._. yWeWHAR VACIP 1G.it.]L.ry AVr 7MAT m.� �.•..—.....-I•-_�_ N TN• COC VO kS SFIPUtJ®CiY h�'ROGD► S > F4ueJV oN 7N• 6,ypJJty dya,MG4w1, _ I j, r J I cam+— F JAN 041984 :•.I p:.... EXHIBIT "B" STATUTORY QUITCL.AIM DEED (EASEMENT EXTINGUISHMENT) The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon GRANTOR, releases and quitclaims to Fringe Land Ore. Ltd., and Oregon limited partnership, GRANTEE, all of GRANTORS right, title, and interest in and to the real property, situated in Washington County, Oregon, described in Exhibit "A" attached hereto and incorporated herein by this reference. The true consideration for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. 1,31-ht i Dated this !J— day of FP_hrIiQ2t.L_, 1992. CITY OF GARD, OREGON i.. Park Re' , Ci� Adm' istrator STATE OF OREGON ) )sS. County of Washington) ��3 , 1992 Personally appeared Patrick Reilly, who, being duly sworn, did say that he is the City Administrator of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City by authority of its Council; and he acknowledged said instrument to be the City's voluntary act and deed. Or T&M.c� oN EpP NOTARY MMISSIPUBLIC-OREGON COMPdISSiON N0.006060 _ MY COMMISSION EXPIRES MAY 10.1995 70TARY PUBLIC OF OREGOL�I J My Commission Expires: lL�/�� NO CHANGE IN TAX STATEMENTS AFTER RECORDING RETURN TO CITY RECORDER CITY OF TIGARD PO BOX 23397 TIGARD OR 97223 dj/GB.locust.res ® PACIFIC 8405 S.W Ninebus Avenue P.O.Box 80040 P-d—d.OR 47280 February 10, 1992 EXHIBIT "A" PAGE 1 OF 2 A Portion of S.W. Locust Street (Vacated) A tract of land located in the northwest one quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, being described as follows: . All that portion of S.W. Locust Street, County Road No. 1541, 50 feet wide, located in that parcel of land conveyed to Fringe Land of Oregon by deed recorded as Fee No. 86040823, Washington County Deed records. 'r2EGtSTERE0 PR OF1-SI310MAL LAND SURVEYOR O uA aJ 1ANURRY JON 2212 (503)626-0455 Fax(503)526-0775 Planring-rnginee,mg,-St','eyill 1_:111dxcape A rch ilechs re-r_.ry iron menta l Service. C I ACIFIC XN,X,°,r 1�;4X-" 8305 S.W.Nimbus Avenue u_ /00, EO.Box 80040 Portland.OR 97280 2/2 ! ISI 35Sd', TL 1pZ 1 I .� FFE ii/o_ 040 c 1'4a 1 7 F Tj. L D!UST STET GSE (503)626-0455 Fax(503)326-0775 Planning••Engineering•Sur%-evin •Landscape Architecture•Em•irontnental Ser,icc,